ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 24, 2006 AT 5:30 P.M.ALL MEMBERS PRESENT EXCEPT ESCHLIMANPUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Whitehead Oil Co. dba U-Stop
for a Class D liquor license at 3280 Superior
Street. (ADOPTED, 6-0; A-83825)
2) Manager application of Barbara Ehrisman for
Whitehead Oil Co. dba U-Stop at 3280 Superior
Street. (ADOPTED, 6-0; A-83826)
3) Manager application of Rebecca Tarter for
Whitehead Oil Co. dba U-Stop at 942 S. 27th
Street. (ADOPTED, 6-0; A-83827)PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 4 THRU 8 HAD 2ND READING)
4) 06-60 Approving the Sublease and Lease Agreement
between the City, University of Nebraska,
NEBCO, and the Nebraska School Activities
Association for the lease of space by the
Nebraska School Activities Association in
Haymarket Park.
Fact Sheet (9K)
Attachment (1603K)
5) 06-61 Approving an eight-year extension of the
Franchise Agreement between the City and
Aquila for the provision of natural gas
services to Lincoln.
Fact Sheet (8K)
Attachment (2083K)
6) 06-62 Approving a transfer of appropriations and
cash, (where appropriate) between projects
within the Sanitary Landfill Fund.
Fact Sheet (59K)
7) 06-63 Change of Zone 05082 - Application of Sierra
Investments, LLC, for a change of zone from
R-6 Residential District to B-3 Commercial
District on property generally located at the
southwest corner of 21st and K Streets.
Fact Sheet (1205K)
Fact Sheet (1016K)
8) 06-64 Vacation 05012 - Vacating the east/west alley
from North 33rd to North 34th Streets,
between O and P Streets.
Fact Sheet (126K)
PUBLIC HEARING - RESOLUTIONS
9) 06R-77 Appeal of Bob and Vicki Rokeby and Larry
Schmieding from the Planning Commission approval
of Preliminary Plat 06002 Schworer Addition for
four (4) lots for commercial development, with
waivers of the time frame for improvements and
posting of sureties and waiver of the stormwater
detention requirements, in property generally
located at North 33rd and Superior Streets.
(PUBLIC HEARING & ACTION CON'T. FOR 1 WK.
TO 5/01/06, 6-0)Fact Sheet (757K)
10) 06R-78 Approving Supplemental Agreement No. 1 between the
City and the Nebraska Department of Roads for the
State to undertake the construction inspection for
the project and to obligate Federal funds on
property generally located at South 14th Street
and Highway 2. (AMENDED, 6-0; ADOPTED, 6-0; A-83828)Fact Sheet (48K)
Attachment (93K)
Anyone wishing to address an item on the Consent Agenda may do so at this time- CONSENT AGENDA -PETITIONS & COMMUNICATIONS
11) Setting the hearing date of Monday, May 8, 2006 at
1:30 p.m. for the App. of Cetak's Gourmet Meats &
Sausages, Inc. dba Cetak's Gourmet Meats &
Sausages for a Class D Liquor License at 4107
Pioneer Woods Drive, Suite 104.
(ADOPTED, 6-0; A-83829)
12) THE FOLLOWING HAVE BEEN REFERRED TO THE
PLANNING DEPT.:Change of Zone No. 06019 - App. of City
Attorney to amend Title 27 of the Lincoln
Municipal Code by amending Sections 27.61.090 and
27.63.280.
Special Permit No. 06025 - App. of Mike and
Lynn Price, for the operation of a tree service on
property generally located at S. 68th Street and
Bennet Road.
Special Permit No. 06026 - App. of Verizon
Wireless, for a 105 ft. tall wireless facility on
property generally located at N. 84th Street and
Holdrege Street.
Special Permit No. 06027 - App. of Lincoln
Housing Authority for Prairie Crossing Community
Unit Plan for approximately 76 dwelling units on
property generally located at S. 33rd Street and
Grainger Parkway.
Use Permit No. 06004 - App. of Olsson
Associates for approximately 224,000 sq. ft. of
commercial floor area, with requests to waive
internal yard setbacks and to permit ground signs
for the individual site buildings to be more than
30 ft. from the building, on property generally
located at S. 40th Street and Yankee Hill Road.
13) MISCELLANEOUS REFERRALS - (NONE)REPORTS OF CITY OFFICERS
14) 06R-76 Reappointing Larry Hudkins, Tony Messineo, Hena
Roy, and Ed Schneider to the Lincoln-Lancaster
County Board of Health for three-year terms
expiring April 15, 2009. (ADOPTED, 6-0; A-83830)
15) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on April
10, 2006. (PLACED ON FILE)
16) Annual Report for the year of 2005 prepared by Law
Department. (PLACED ON FILE)- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 17 THRU 20 HAD 1ST READING)
17) 06R-86 Approving the Development and Conditional Zoning
Agreement between the City and B&J Partnership
relating to the development of property generally
located on the block bounded by 9th, 10th,
Hill and Van Dorn Streets.
(Related Items: 06R-86, 06-65) (Action Date:
5/8/06)Fact Sheet (8K)
Attachment (364K)
18) 06-65 Change of Zone 06012 - Application of B&J
Partnership for a change of zone from R-2
Residential District and O-2 Suburban Office
District to B-1 Local Business District on
property generally located on the block
bounded by 9th, 10th, Hill and Van Dorn
Streets. (Related Items: 06R-86, 06-65)Fact Sheet (333K)
19) 06-66 Change of Zone 06017 - Application of the
Director of Urban Development Department for
a change of zone from R-2 Residential
District, O-2 Suburban Office District and H-
2 Highway Business District to B-3 Commercial
District on property generally located
southeast of the intersection of South 48th
Street and O Street.
Fact Sheet (1069K)
20) 06-67 Change of Zone 06018 - Amending Title 27 of
the Lincoln Municipal Code by amending
Section 27.07.040 and adding new Sections
27.03.631 and 27.63.770 to define "Tree
Service" and to create a special permit
provision in the AG Agricultural District to
allow the location of tree service business
on land located in the AG Agricultural
District under certain conditions.
Fact Sheet (67K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 06-57 Declaring Lots 3 - 8, Block 3, Cottage Home
Addition as surplus property generally
located at 15th and Claremont Streets.
(PASSED, 6-0; #18720)Fact Sheet (168K)
22) 06R-72 Approving the Harrison Heights Conditional
Annexation and Zoning Agreement between the City
and Developments Unlimited LLP relating to the
annexation of approximately 90.58 acres, generally
located at N. 91st Street and Leighton Avenue.
(Related Items: 06R-72, 06-58, 06-59)
(Action Date: 4/24/06)
(AMENDED, 6-0; ADOPTED, 6-0; A-83831)Attachment (461K)
23) 06-58 Annexation 05017 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 90.6 acres of property
generally located at 91st Street and Leighton
Avenue. (Related Items: 06R-72, 06-58, 06-59)
(PASSED, 6-0; #18721)Fact Sheet (258K)
24) 06-59 Change of Zone 05074 - Application of Ridge
Development Company for a change of zone from
AG Agricultural District to R-3 Residential
District on property generally located at
91st Street and Leighton Avenue. (Related
Items: 06R-72, 06-58, 06-59) (PASSED, 6-0; #18722)Fact Sheet (230K)
25) 06R-66 Approving the use of public right-of-way
by Landon Osborne for installation of a
fence/wall at 1840 E Street.
(4/10/06 - Action Delayed 1 wk to 4/17/06)(4/17/06 - Action Delayed 1 wk. to
4/24/06) (Request to delay action 1 wk. to 5/1/06)
(ACTION DELAYED FOR 1 WK. TO 5/01/06, 6-0)Fact Sheet (62K)
Attachment (3238K)
PENDING LIST - DATE CERTAIN
26) 06R-34 Approving an Agreement between the City and State
Dept. of Roads to identify a corridor for a linear
park on the north side of the South Beltway
between 27th and 84th Streets. (3/6/06 - P.H.
w/Action con't. to 3/13/06) (Request to place on
Pending w/con't. P.H. & Action on 5/15/06)(3/13/06 - Con't. P.H. & Action to 5/15/06)Fact Sheet (54K)
Attachment (108K)
PENDING LIST
27) 01-39 Vacating the south 40' of X St. adjacent to
Lot 1, Block 6, North Lincoln Add., generally
located at N. 9th & X Its. (4/2/01 -
Action delayed for two weeks to 4/16/01)
(4/16/01 - Placed on pending for 3 months
7/16/01) (7/9/01 - To remain on Pending)Fact Sheet (1194K)
28) 02-31 Vacating a 5' x 30'6" portion of N. 7th St.
adjacent to the south 37' of Lot 9, Block 32,
Original Plat of Lincoln, generally located
at N. 7th & P Its. (3/18/02 - Public
Hearing Contd. w/3rd Reading) (3/25/02-
Action delayed to 4/8/02) (In connection
w/02R-64) (4/8/02 - Placed on Pending until
policy recommendation from Urban Development)Fact Sheet (699K)
29) 02-114 Amending Chapter 2.54 of the Lincoln Municipal
Code by adding a new section entitled "Standards
of Ethical Conduct for Employees & Elected
Officials" to supplement the existing conflicts of
interest regulations. (7/29/02 - Placed on
Pending until a committee is formed)Fact Sheet (3K)
30) 04-188 Annexation 03001 - Amending the Lincoln Corporate
Limits Map by annexing approx. 214 acres of
property generally located at N. 56th St. & Arbor
Rd. (In connection 04R-273, 04-189, 04R-
272)(10/11/04 - Placed on Pending
Indefinitely)
31) 04R-273 Approving the North Bank Junction Annexation &
Zoning Agreement between the City and Roger &
Eldonna Schwisow and Hartland Homes, Inc. relating
to the annexation of approx. 214 acres on property
generally located at N. 56th St. & Arbor Rd.
(In connection w/04-188, 04-189, 04R-272)
(10/11/04 - Placed on Pending Indefinitely)Attachment (527K)
32) 04-189 Change of Zone 3398 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow for a
change from AG Agricultural to R-3 Residential for
approx. 123 acres & H-4 General Commercial for
approx. 21 acres on property generally located at
N. 56th St. & Arbor Rd. (In connection w/04-
188, 04R-273, 04R-272)(10/11/04 - Placed
on Pending Indefinitely)Fact Sheet (217K)
33) 04R-272 Special Permit 2004 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow to develop
125,000 sq. ft. of planned service commercial
floor area, with variances to the rear & side yard
setback requirements on property located at N.
56th St. & Arbor Rd. (In connection w/04-188,
04R-273, 04R-189, 04R-272)(10/11/04 -
Placed on Pending Indefinitely)Fact Sheet (535K)
34) 05R-29 Application of Capital Humane Society for a waiver
of Lincoln Municipal Code Chapter 2.81 Living Wage
Ordinance. (2/14/05 - Placed on Pending, No
Date Certain)Fact Sheet (38K)
Attachment (657K)
35) 05-107 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter M to adjust the
schedules of annual, monthly, biweekly & hourly
pay range equivalents. (8/8/05 - Action Delayed
2 wks. to 8/22/05)(8/22/05 - Placed on
Pending, No Date Certain)(1/30/06 -
Removed from Pending for Action 2/6/06 - See Item
#21, 05-107S)(2/6/06 - Substitute 05-107S
relating to cost of living adjustment passed by
Council)Fact Sheet (137K)
Attachment (127K)
36) 05R-301 Comp. Plan Amendment No. 05011 - Amending the 2025
Lincoln/Lancaster County Comprehensive Plan by
changing approximately 14 acres of Public/Semi-
Public and Green Space to Commercial use, on
property generally located at the southeast corner
of N. 84th Street and Havelock Ave.
(Related Items: 05R-301, 05R-302)(12/19/05 -
Placed on Pending Indefinitely)Fact Sheet (676K)
37) 05R-302 Approving a memorandum of Understanding between
the City and the Lancaster County Agricultural
Society associated with the Society's request for
a comprehensive plan amendment designating
approximately 14.4 acres generally located on the
southeast corner of 84th Street and
Havelock Avenue as commercial. (Related Items:
05R-301, 05R-302)(12/19/05 - Placed on Pending Indefinitely)
38) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Association for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at North 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)Fact Sheet (1465K)
39) 06-17 Amending Chapter 9.16 of the Lincoln
Municipal Code relating to Offenses Against
Public Decency by adding a new section
numbered 9.16.250 to provide residency
restrictions for sex offenders. (2/13/06 -
Placed on Pending Indefinitely)Fact Sheet (13K)
40) 06-18 Amending Chapter 9.16 of the Lincoln
Municipal Code relating to Offenses Against
Public Decency by adding a new section
numbered 9.16.260 to provide loitering
restrictions for sex offenders.
(2/13/06 - Placed on Pending Indefinitely)Fact Sheet (13K)
41) 06-11 Amending Chapter 8.22 of the Lincoln
Municipal Code relating to Littering by
adding a new section numbered 8.22.175 to
provide that persons or businesses
advertising through materials distributed in
a manner in violation of Chapter 8.22 shall
be equally liable along with the person
distributing such materials and providing a
rebuttable presumption that any person or
business advertised in the posting shall be
guilty of violating the section; by amending
Section 8.22.210, relating to penalties for
violations, to increase the maximum fine for
violations of Chapter 8.22 from $100.00 to
$500.00. (2/13/06 - Placed on Pending
Indefinitely and to have P.H. when removed
from Pending)Fact Sheet (13K)
42) 05R-262 Approving the Prairie Village North Conditional
Annexation and Zoning Agreement between the City
and Dubois Land LLC, Prairie Village North LLC,
Prairie Home Builders Inc., Roland Group LLC, and
Faith Evangelical Lutheran Church, relating to the
annexation of approximately 149.09 acres,
generally located at the northeast corner of N.
84th Street and Adams Street and the use of
said 149.09 acres along with approximately
23 acres located at the southeast corner
of N. 84th Street and Adams Street under
a Planned Unit Development.
(Related Items: 05-164, 05R-262, 05-165)
(11/7/05 - P.H. con't. 3 wks. to 11/28/05)
(Action Delayed 2 wks to 12/12/05)
(12/12/05 - Action Delayed 1 wk to
12/19/05) (12/19/05 - Action Delayed 3 wks.
to 1/9/06) (1/9/06 - Action delayed 4 wks.
to 2/6/06 & items to be re-ordered on the agenda
as follows: 05-165A, 05-165B, 05R-262, 05-164)
(2/6/06 - Action delayed 3 wks. to 2/27/06)
(2/27/06 - Action Delayed 2 wks. to 3/13/06)
(3/13/06 - Pending Indefinitely)Attachment (46K)
43) 05-164 Annexation 05013 - Amending the Lincoln Corporate
Limits Map by annexing approximately 149.09 acres
of property generally located at North 84th Street
and Adams Street. (Related Items: 05-164, 05R-
262, 05-165) (11/7/05 - P.H. con't. 3 wks.
to 11/28/05) (Action Delayed 2 wks to
12/12/05) (12/12/05 - Action Delayed 1 wk to
12/19/05) (12/19/05 - Action Delayed 3
wks. to 1/9/06) (1/9/06 - Action delayed 4
wks. to 2/6/06 & items to be re-ordered on the
agenda as follows: 05-165A, 05-165B, 05R-262, 05-
164) (2/6/06 - Action delayed 3 wks. to
2/27/06) (2/27/06 - Action Delayed 2 wks.
to 3/13/06) (3/13/06 - Pending
Indefinitely)Fact Sheet (472K)
44) 06-16 Repealing Chapter 14.44 of the Lincoln
Municipal Code relating to Obstructions on
Corner Lots as the requirements set forth in
Chapter 14.44 would be more appropriately
addressed in the City of Lincoln Design
Standards.(2/27/06 - Placed on Pending for
8 wks to 4/24/06 (Action only) ) (4/17/06 -
Moved to Pending List, No Date Certain)Fact Sheet (14K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 1, 2006 AT 1:30 P.M.:(APPROVED, 6-0)
45) 06R-79 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 1 - 15,
2006.
Fact Sheet (13K)
Attachment (23K)
46) 06R-80 Appointing Richard Patterson, Todd Furasek and
Tyre MacDowell Jr. to the Community Development
Task Force to fill unexpired three-year terms
expiring August 31, 2006, August 31, 2007, and
August 31, 2008, respectively.
Attachment (66K)
47) 06R-85 Appointing James Jones and Brice Sullivan to the
Community Development Task Force to fill unexpired
three-year terms expiring August 31, 2007 and
August 31, 2006, respectively.
Attachment (45K)
48) 06R-81 Appointing Dennis Biggerstaff to the Heating,
Ventilating and Cooling Examiners Board to fill an
unexpired three-year term expiring April 4, 2009.
49) 06R-82 Approving a one-year advertising contract between
the City and Double Eagle Beverage for advertising
at Pershing Center.
Fact Sheet (54K)
Attachment (498K)
50) 06R-83 Approving a two-year advertising contract between
the City and Cornhusker Bank for advertising at
Pershing Center.
Fact Sheet (54K)
Attachment (341K)
51) 06R-84 Comp. Plan Conformance 06003 - Approving an
amendment to the Lincoln Center Redevelopment Plan
to establish the QO1214 Downtown Civic Plaza
Project Area covering four city blocks generally
bounded by Q Street, 14th Street, O Street and
12th Street.
Fact Sheet (439K)
Attachment (793K)
Please note: During the Open Microphone & Registered Section
of the agenda, individuals are allowed a total of 5 minutes to
speak whether registered or not regardless of number of topics.
The Open Microphone and Registered Section is available on the
2nd & Last Monday of each month.ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED
ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE
WEDNESDAY (4/19/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 04/24/06.
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY DO
SO AT THIS TIME. OPEN MICROPHONE SESSIONS FOR APRILARE THE 10TH AND 24TH.ADJOURNMENT 8:00 P.M.
***
The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
Immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
***